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Illinois family seeks to sue gun manufacturer over boy's death
Legal Newsline ^ | 8-30-09 | C. Rizo

Posted on 08/30/2009 12:10:48 PM PDT by Ja7430

WASHINGTON (Legal Newsline)-The family of an Illinois boy who was fatally shot by his friend have petitioned the U.S. Supreme Court to strike down a federal law that protects gun companies from most civil lawsuits.

The family of Joshua Adames want the Protection of Lawful Commerce in Arms Act of 2005 overturned, a move that would allow them to sue a gun manufacturer over the 13-year-old boy's accidental death.

(Excerpt) Read more at legalnewsline.com ...


TOPICS:
KEYWORDS: banglist; beretta; guns; joshuaadames; lawsuit; supremecourt
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1 posted on 08/30/2009 12:10:48 PM PDT by Ja7430
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To: Ja7430

I have no doubts that this court will overturn and allow the lawsuit to go on.


2 posted on 08/30/2009 12:12:58 PM PDT by boxerblues
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To: Ja7430

“Illinois family seeks to sue gun manufacturer over boy’s death”

Did the weapon malfunction somehow?


3 posted on 08/30/2009 12:14:25 PM PDT by Grunthor (Every time one of them croaks, freedom is just that much more safe)
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To: Ja7430

From the article:

Adames was killed after his friend, 13-year-old Billy Swan, aimed and fired a Beretta 92FS semiautomatic pistol at him. The gun belonged to Swan’s father, a Cook County sheriff’s deputy who was working as a correctional officer.

Court papers say Swan took the magazine clip out of the gun before firing it, but a single bullet that had remained in the chamber killed Adames.

A lawsuit was filed against Beretta U.S.A. Corp. and Cook County Sheriff Michael Sheahan, among other defendants, claiming that the gun maker failed to warn users that simply removing the clip did not render the gun safe.


4 posted on 08/30/2009 12:16:35 PM PDT by Atlas Sneezed (Socialism: The sin of envy, masquerading as a political movement.)
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To: Ja7430

Well, then I hope that knife, hammer, candlestick, rope and manufacturers of pretty much anything nor made from Nerf are ready for the onslaught of cases against them.


5 posted on 08/30/2009 12:17:03 PM PDT by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks. Sic semper tyrannis)
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To: Ja7430
If they win this one, just think of the new, wide, wide world of "lawsuits" that the people will have opened up to them. Cars, motorcycles, knives, rope, anything! Woo hoo! The New, Hopey Changey "american Dream"!

sarc/

6 posted on 08/30/2009 12:17:45 PM PDT by FlingWingFlyer (Dude! Where's my country?)
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To: Ja7430

It’s unfortuate that they experienced the loss of their child, but the protection of lawful commerce in arms act isn’t going anywhere.

No intellectually honest person can draw a line from the unlawful end use of a firearm to the manufacturer unless it’s old Bill Ruger himself pulling the trigger.


7 posted on 08/30/2009 12:18:28 PM PDT by Dayman (My 1919a4 is named Charlotte. When I light her up she has the voice of an angel.)
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To: Beelzebubba

This is why we have labels that tell you not to use your blow dryer in the shower.


8 posted on 08/30/2009 12:19:21 PM PDT by armymarinemom (My sons freed Iraqi and Afghan Honor Roll students.)
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To: Beelzebubba

claiming that the gun maker failed to warn users that simply removing the clip did not render the gun safe.

#1 rule of gun safety is treat all weapons as if they are loaded.


9 posted on 08/30/2009 12:21:32 PM PDT by Duckdog (If it wasn't for NASCAR my TV would have gone out the window years ago!)
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To: FlingWingFlyer

It’s good to be a lawyer, I guess.


10 posted on 08/30/2009 12:22:24 PM PDT by Flag_This (No, Massoud, there are no men left in Washington.)
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To: Beelzebubba
Adames was killed after his friend, 13-year-old Billy Swan, aimed and fired a Beretta 92FS semiautomatic pistol at him. The gun belonged to Swan’s father, a Cook County sheriff’s deputy who was working as a correctional officer. Court papers say Swan took the magazine clip out of the gun before firing it, but a single bullet that had remained in the chamber killed Adames.

I didn't believe that the 92FS would fire without its magazine.

However, what's with people not clearing their weapons?

11 posted on 08/30/2009 12:23:39 PM PDT by SIDENET ("If that's your best, your best won't do." -Dee Snider)
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To: Grunthor
"Did the weapon malfunction somehow?"

No, of course not. It performed exactly as advertised. The obvious criminal failure here is with the Libtard parents who were criminally negligent in teaching their children basic gun safety.

12 posted on 08/30/2009 12:25:01 PM PDT by Desron13 (If you constantly vote between the lesser of two evils then evil is your ultimate destination.)
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To: Duckdog

“A lawsuit was filed against Beretta U.S.A. Corp. and Cook County Sheriff Michael Sheahan, among other defendants, claiming that the gun maker failed to warn users that simply removing the clip did not render the gun safe.”

I’m a “wheel gun” guy, but I find it hard to believe that this is not covered in the literature one receives when buying a Beretta. Is this true?


13 posted on 08/30/2009 12:25:32 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: Beelzebubba

“A lawsuit was filed against Beretta U.S.A. Corp. and Cook County Sheriff Michael Sheahan, among other defendants, claiming that the gun maker failed to warn users that simply removing the clip did not render the gun safe.”

This reminds of an incident I read a few years ago about a now deceased imbecile who played Russian Roulette with a .45 automatic. Should have gone second...

As a friend who’s a highway engineer is fond of saying re: his job, “The problem with making something foolproof is that fools are so inventive.”


14 posted on 08/30/2009 12:26:10 PM PDT by Exeter (A government that doesn't trust its people is a government that shouldn't be trusted.)
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To: Ja7430
A lawsuit was filed against Beretta U.S.A. Corp. and Cook County Sheriff Michael Sheahan, among other defendants, claiming that the gun maker failed to warn users that simply removing the clip did not render the gun safe.

I understand tremendous grief and how it affects the ability to think clearly, but that claim as grounds for a lawsuit is stupid. The lawyer bringing this suit should have to pay all court costs as I can't imagine they can win.

15 posted on 08/30/2009 12:26:53 PM PDT by GBA
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To: Ja7430

I bet Sotomayer just can’t wait to have this case come across her desk.


16 posted on 08/30/2009 12:29:11 PM PDT by gop4lyf (Obama wants to raise taxes and kill babies. Palin wants to raise babies and kill taxes.)
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To: Ja7430

17 posted on 08/30/2009 12:30:45 PM PDT by HighlyOpinionated (At Thermopylae, 1 Million Persians lost 20 Thousand yet failed to disarm 300 Spartans. Molon Labe!)
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To: SIDENET

Just tried it with my 92FS. It will fire with mag removed.


18 posted on 08/30/2009 12:31:17 PM PDT by CTOCS (Some people drink from the fountain of knowledge. Others just gargle.)
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To: Ja7430

I’m going to sue Microsoft for the D I got on my essay, written on Word.


19 posted on 08/30/2009 12:32:29 PM PDT by Julia H. (Freedom of speech and freedom from criticism are mutually exclusive.)
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To: Ja7430
The family of Joshua Adames want the Protection of Lawful Commerce in Arms Act of 2005 overturned, a move that would allow them to sue a gun manufacturer over the 13-year-old boy's accidental death.

Gosh, for the "size of our deficit under obama"th time.

Follow.....the ....money.

It will be done until money is no longer worth the paper it is printed on.

20 posted on 08/30/2009 12:32:30 PM PDT by EGPWS (Trust in God, question everyone else)
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To: Beelzebubba

Did not render the gun safe?

Bullshit. The 92FS has a “loaded chamber” indicator on the top, right-hand side of the slide.

The kid’s daddy should be sued, not Beretta.


21 posted on 08/30/2009 12:35:27 PM PDT by CTOCS (Some people drink from the fountain of knowledge. Others just gargle.)
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To: Ja7430

If the kid had run out in front of a car would they sue Chevrolet?


22 posted on 08/30/2009 12:36:31 PM PDT by Venturer
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To: armymarinemom
This is why we have labels that tell you not to use your blow dryer in the shower.

I'm surprised my arc welder didn't have a similar warning.

23 posted on 08/30/2009 12:36:35 PM PDT by glock rocks (health care, gun safety and climate change are strawmen. It's all about CONTROL.)
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To: Ja7430
The family of Joshua Adames want the Protection of Lawful Commerce in Arms Act of 2005 overturned, a move that would allow them to sue a gun manufacturer over the 13-year-old boy's accidental death.

That is like suing Boeing because one of their aircraft crashed into one of the twin towers.

24 posted on 08/30/2009 12:38:27 PM PDT by EGPWS (Trust in God, question everyone else)
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To: Duckdog

That’s our rule, “It’s always loaded”


25 posted on 08/30/2009 12:39:02 PM PDT by Shimmer1 (Navy blue)
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To: mylife; Clint N. Suhks; Randy Larsen

Lawyers. Damn them to hell.
banglist *PING*


26 posted on 08/30/2009 12:39:20 PM PDT by 50cal Smokepole (Effective gun control involves effective recoil management)
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To: Ja7430

A lawsuit was filed against Beretta U.S.A. Corp. and Cook County Sheriff Michael Sheahan, among other defendants, claiming that the gun maker failed to warn users that simply removing the clip did not render the gun safe.

In an amicus before the Illinois Supreme Court, the Pacific Legal Foundation argued that neither the Cook County Sheriff’s Department nor Baretta should be held liable for the accidental death that was caused by unforeseeable conduct.

The lawsuit was ultimately rejected by the Illinois Supreme Court in March. The state high court ruled that because the trigger was intentionally pulled, an exemption in the 2005 federal law did not apply to the case.

Now, the Adames petition to the U.S. Supreme Court says states should be free to create their own laws when the authority has not been given to Congress.

“This case raises core issues of federalism and statutory construction that have confounded the lower courts, and require clarification from this Court: Does the Tenth Amendment permit Congress to dictate which branch of state government may authorize liability against a particular industry so long as the federal enactment does not ‘commandeer’ state officials?” the petition for review says.

http://www.legalnewsline.com/news/222630-illinois-family-seeks-to-sue-gun-manufacturer-over-boys-death


27 posted on 08/30/2009 12:39:59 PM PDT by kcvl
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To: 50cal Smokepole

Make that “some lawyers”
Sheesh


28 posted on 08/30/2009 12:40:20 PM PDT by 50cal Smokepole (Effective gun control involves effective recoil management)
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To: Beelzebubba

“...A lawsuit...claiming that the gun maker failed to warn
users that simply removing the clip did not render the gun safe...”
-
As though a 13 year old using the weapon
without permission or supervision from his father
would have read or headed any such warnings...


29 posted on 08/30/2009 12:40:48 PM PDT by Repeal The 17th (I AM JIM THOMPSON!)
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To: Duckdog

rule #2
keep your firearms locked up away from your children.


30 posted on 08/30/2009 12:40:54 PM PDT by PIF
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To: Venturer

shshsh... lose lips bring new classes of lawsuits...


31 posted on 08/30/2009 12:42:41 PM PDT by PIF
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To: armymarinemom
This is why we have labels that tell you not to use your blow dryer in the shower.

If God could sue, he would sue attorneys for these labels that screwed up his creative directive for weeding out idiots.

32 posted on 08/30/2009 12:43:00 PM PDT by EGPWS (Trust in God, question everyone else)
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To: Ja7430

The grief of the parents is understandable, but their anger is mis-directed.


33 posted on 08/30/2009 12:43:16 PM PDT by Clintonfatigued (Liberal sacred cows make great hamburger)
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To: Ja7430

I think they should sue the movie makers for the repeatedly showing falsley that dropping the clip renders a gun useless.


34 posted on 08/30/2009 12:43:43 PM PDT by ColdWater
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To: Ja7430
"Court papers say Swan took the magazine clip out of the gun before firing it, but a single bullet that had remained in the chamber killed Adames."

~~~

From the Beretta 92FS Technical Specifications:

If Swan had driven himself and Adames in a perfectly-functioning auto off a cliff at 80 MPH -- because he ignored a 25 MPH curve warning -- would Adames' family be justified in suing the car manufacturer (or the road builder)?

No court should even consider hearing this case.

35 posted on 08/30/2009 12:43:47 PM PDT by TXnMA ("Allah": Satan's current alias...!!)
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To: Ja7430

Deputy Swan is the one at fault here on many levels in my opinion.

First, if you are going to have a weapon in your home you teach your children it is not a toy. How do you do that? Take them out and show them what a weapon will do. Teach them how to shoot it, what happens to a target when you do. It’s all about respect. You teach them not to put their hands on a burner on the stove, not to play with knives, matches, run out in the street, etc. Real guns are not like movie guns, people REALLY do bleed and die, and a demonstration is definitely in order. Pumpkins, watermelons, cantaloupes make good examples. If the child is small, ask him what would happen if that had been a person and not a pumpkin and then talk about it!

A man in law enforcement at any level especially ought to know to keep the weapon locked up if there are other children in the house. And, if you are going to take out the clip, you obviously have to make sure there isn’t a round in the chamber! I frankly don’t understand why you wouldn’t have a weapon loaded at all time myself.

One more point I’d like to make. If your children go over to a friend’s house, ask them if they have weapons and if they are secured.

I feel bad for the loss of a child, his family, and his friend and his family will be forever haunted by this tragic event. And now, the anti-gun bunch will use this to their advantage.


36 posted on 08/30/2009 12:43:49 PM PDT by Frangibled
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To: armymarinemom

I heard of some product, I don’t remember what, described as “only for indoor or outdoor use”! Guess they couldn’t think of anything to warn anyone of, and were afraid of the lawyers if they didn’t say anything.


37 posted on 08/30/2009 12:44:01 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: Venturer

[[If the kid had run out in front of a car would they sue Chevrolet?]]

No- they’d probaBLY aue hte highway department for not painting “Running out in front of cars may be hazzardous to your health” all over hte pavement every ten feet or so, incase someone forgot the message i n the next ten feet


38 posted on 08/30/2009 12:45:16 PM PDT by CottShop (Scientific belief does not constitute scientific evidence, nor does it convey scientific knowledge)
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To: Grunthor
Did the weapon malfunction somehow?

Yes. It went home with an idiot.

39 posted on 08/30/2009 12:45:19 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: Venturer
If the kid had run out in front of a car would they sue Chevrolet?

I bet they would, plus who built the road and the manufacturer of the shoes that he wore.

40 posted on 08/30/2009 12:45:55 PM PDT by EGPWS (Trust in God, question everyone else)
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To: CTOCS

I don’t think any body should be sued a 13yoa is plenty old enough to know you don’t point real guns and some one and pull the trigger.


41 posted on 08/30/2009 12:46:08 PM PDT by riverrunner
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To: Frangibled
Deputy Swan is the one at fault here on many levels in my opinion.

He is being sued. It looks like they included the manufacture as a matter of course.

42 posted on 08/30/2009 12:46:08 PM PDT by ColdWater
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To: Flag_This
It’s good to be a lawyer, I guess.

Until you die and have to explain what you've been up to for the last 80 years or so.

43 posted on 08/30/2009 12:46:42 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: kcvl

They have no case. I just read the pistol’s manual on this site. It’s covered under a section titled “Unloading the pistol and the cartridge chamber.”
http://www.scribd.com/doc/8744748/Beretta-92fs-Pistol


44 posted on 08/30/2009 12:47:26 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: Ja7430

Sigh, I suppose it’s too much to ask that parents supervise their children and be responsible


45 posted on 08/30/2009 12:47:50 PM PDT by exbrit
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To: CTOCS
Thanks.

I'm at work and can't check mine.

46 posted on 08/30/2009 12:48:06 PM PDT by SIDENET ("If that's your best, your best won't do." -Dee Snider)
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To: Exeter
This reminds of an incident I read a few years ago about a now deceased imbecile who played Russian Roulette with a .45 automatic. Should have gone second...

Wouldn't have helped. After the first guy blew his brains out, this guy would be laughing to himself, SURE he beat the game.

47 posted on 08/30/2009 12:48:38 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: Still Thinking

[[Wouldn’t have helped. After the first guy blew his brains out, this guy would be laughing to himself, SURE he beat the game.]]

Until round two- winner takes all lol


48 posted on 08/30/2009 12:49:37 PM PDT by CottShop (Scientific belief does not constitute scientific evidence, nor does it convey scientific knowledge)
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To: Exeter

In my business (custom factory automation equipment) we say that if you make something foolproof, the universe simply upgrades to a better grade of fool.


49 posted on 08/30/2009 12:49:51 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: Ja7430

This is crazy.


50 posted on 08/30/2009 12:50:30 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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